Appeals Court Hands Control Of CA National Guard Back To Trump

  • Trump praised the 9th Circuit Court of Appeals for allowing him to keep the California National Guard deployed in Los Angeles, saying the troops helped keep the city safe.

  • The legal fight began after U.S. District Judge Charles Breyer ruled Trump’s federalization of the Guard in California unconstitutional, citing the 10th Amendment and claiming Trump exceeded his authority by deploying troops without Governor Gavin Newsom’s consent.

  • Judge Breyer ordered the Guard returned to the governor but temporarily delayed that order until Friday noon, giving the Trump administration time to appeal.

  • The 9th Circuit quickly granted a stay, allowing troops to remain deployed pending further hearing.


Legal and Political Context:

  • California sued Trump, Defense Secretary Pete Hegseth, and the Department of Defense, aiming to limit the Guard and Marines to protecting federal property only.

  • The state argues that Trump must get Governor Newsom’s permission before deploying the Guard for broader duties.

  • Trump and supporters cite Title 10 of the U.S. Code, which permits the president to federalize the National Guard without state consent.


Nancy Pelosi’s Comments and Errors:

  • Pelosi referenced a non-existent “Article 10” of the Constitution (there are only seven articles).

  • She claimed the president can’t deploy the Guard without the governor’s consent, but federal law and multiple Supreme Court rulings affirm presidential authority to federalize Guard troops without consent.

  • Pelosi also inaccurately stated she begged Trump to send the Guard during Jan. 6, which was disputed by then-Capitol Police Chief Steven Sund.


Historical Note:

  • The use of federalized Guard troops without state consent has precedent, including during the civil rights era when President Lyndon B. Johnson federalized the Alabama Guard.

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